Aid and Direction of the Court
It’s an honor to be asked to be the executor of a person’s will. Executors or personal representatives are usually chosen by testators for their sound judgment and trustworthiness. And although the will itself is usually what determines how the final wishes of the deceased are carried out, there are times when the estate’s executor has to make a determination as to what the testator’s intent was. Naturally, the burden of this decision can weigh heavily on the mind of a conscientious executor. In the Commonwealth of Virginia, when a personal representative cannot make a determination about a will, or when he or she believes that a decision one way or another will result in a probate battle, aid and direction of the court may be sought.
Why Seek Aid and Direction?
The executor of an estate may encounter legal, financial, and personal provisions in the will that might not be immediately clear. Even when he or she seeks professional advice from attorneys or financial planners, the proper course of action may still be uncertain. In these cases, a suit may be filed with the Virginia courts. After hearing the information on the matter, the judge will enter an order. As long as this order is followed, the personal representative can’t be held personally liable for his or her decision.
Northern Virginia Estate Planning Attorneys
As Northern Virginia Estate Planning Attorneys, Hale Ball represents men and women who are performing the role of executor. Our attorneys have experience at interpreting wills and making recommendations to seek aid and direction from the Virginia probate courts. Although it might seem like a good idea to hand all decisions over to a judge, the courts will only hear those provisions that are the cause of legitimate consternation. Many times when aid and direction are sought, the court costs can be deducted from the estate.
If you are the executor or personal representative of an estate, your friend, colleague, or loved one selected you because he or she believed that you were the right person to carry out their final wishes. When you just can’t be sure that you are doing the right thing, contact one of the reputable attorneys at Hale Ball to talk about aid and direction.
To schedule an appointment with one of our experienced estate planning attorneys at our Fairfax, Virginia office, call 1-703-591-4900.
Since 1980 the AV-rated law firm of Hale Ball has served the legal needs of individuals and businesses. Our team of attorneys include lawyers named to Super Lawyer and Rising Star lists, as well as attorneys with advanced legal degrees, specialty certifications and lawyers who teach their areas of practice to other lawyers.
Use the contact form on this page to schedule a consultation, or call 703-591-4900.
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Fairfax, VA 22030